Indian Springs School letter

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Five people who worked at Indian Springs, an Alabama private school, during the past six decades have been accused of sexual misconduct with students, school officials said in a letter released June 18, 20019.

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Indian Springs School letter

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Five people who worked at Indian Springs, an Alabama private school, during the past six decades have been accused of sexual misconduct with students, school officials said in a letter released June 18, 20019.

June 18, 2019

Dear Indian Springs School Community,

As you know, over the past year and a half, we have encouraged our community to notifyschool leadership about any and all concerns related to educator sexual misconduct at IndianSprings School. We initiated this review in December 2017 in the context of a larger nationalconversation about educator sexual misconduct at independent schools. From the outset, ourprimary objectives have been to: understand our past; acknowledge and apologize to formerIndian Springs students harmed by educator sexual misconduct; and do all we can to maintainthe safest possible living and learning environment for current and future students.

In July 2018, we shared with our community that Indian Springs had retained thenationally respected law firm of Jackson Lewis to investigate historical reports of educatorsexual misconduct at our school. The firm has concluded its review and has provided to theBoard a report summarizing their findings as of April 2019.

During the course of the investigation, we also worked closely with David Wolowitz atMcLane Middleton, another law firm with a depth of experience counseling independentschools. David and his team have advised Indian Springs regarding historical educator sexualmisconduct and recommended strategies and best practices for strengthening policies,procedures, and training to supplement what we are already doing on campus to encourage a safeand supportive school culture. Indian Springs’ legal counsel, Mark Boardman, of Boardman,Carr, Petelos, Watkins, & Ogle, P.C., has also counseled us on ways in which we can continue topromote student health and wellbeing on campus.

To assist in our community’s understanding of the findings of the Jackson Lewis report,the school’s responses to the alleged incidents at the time, and our actions going forward, thisletter is organized into five sections – Investigation, Factors Considered, Historical EducatorSexual Misconduct, Policies and Procedures, and Next Steps.

We recognize that it is important for our school and our community to address thepast openly and honestly. To that end, we are deeply appreciative of all who reached out to usand participated in the review, and we offer our most sincere apologies to those former studentswho were affected by misconduct that occurred during their time at Indian Springs. We hopethat they and their families have felt heard and supported throughout this process.Investigation

Throughout their investigation, the Jackson Lewis team relied on the definition of“educator sexual misconduct,” as found in Educator Sexual Misconduct: A Synthesis of ExistingLiterature (U.S. Department of Education 2004, https://files.eric.ed.gov/fulltext/ED483143.pdf):

Behavior of a sexual nature, which may constitute professional misconduct and includes not only conduct that would amount to sexual abuse of a minor under current state criminal codes, but also any sexual relationship by an educator with a student, regardless of the student’s age; with a former student under the age of eighteen (18); with a former student (regardless of age) who suffers from a disability that would prevent consent in a relationship. This broad definition of “educator sexual misconduct” extends to any activity directed towards establishing a sexual relationship by an educator, e.g., sending intimate letters, engaging in a sexualized dialogue with a student in person or through emails, text messages or telephone calls, or dating a student.

In compiling their report, Jackson Lewis interviewed approximately 30 individuals,

including current and former faculty, administrators, alumni, and other related third parties. Allof us at Indian Springs are grateful for the honesty and courage of those who agreed toparticipate in these interviews. We recognize it must have been extremely difficult to comeforward, as reliving past situations can be particularly upsetting.

As part of the investigative process, Jackson Lewis, in assessing credibility, considered

witness demeanor, the opportunity and ability the witness had to see or hear about the eventsreported, the accuracy of his or her memory, the consistency of testimony with known oradmitted facts, and witness motivation or bias. Jackson Lewis also reviewed personnel andalumni records and previous investigatory reports of faculty and staff sexual misconduct toanalyze how those historical accusations had been treated by Indian Springs, to assess thecredibility of such allegations, and to determine whether those previous allegations had beenappropriately addressed.

Factors Considered

Like other independent schools that have confronted past allegations of educator sexualmisconduct, we developed a thorough process to consider each situation before disclosing anyfinding publicly. Given the significant impact that publicly naming a former faculty or staffmember, or describing misconduct but not naming an individual, will no doubt have on survivorsand our community as a whole, we carefully considered the following factors regarding JacksonLewis’ determinations for each allegation:

 whether the investigators found the allegations credible;

 whether there are multiple allegations of misconduct from multiple students against an accused faculty or staff member;  whether there is substantive corroboration for a finding of alleged misconduct, such as a witness, documentary evidence, admission, or information from other independent sources;  whether there is a potential current risk to students at any school or to the public, and if the individual is still working in schools or with children;  whether naming the individual could negatively impact civil or criminal litigation involving accused educators; and  whether the misconduct would violate our current employee handbook standards and expectations if committed today.

Historical Educator Sexual Misconduct

In presenting the findings of the Jackson Lewis report to our community, we intend to beas transparent as possible. At the same time, we are obligated to protect the identity of theformer students and ensure that their privacy is fully respected. We have made every effort topreserve victim confidentiality and avoid the disclosure of any sensitive information that wasreceived as part of this process. For example, when there was a risk that revealing specificinformation would violate privacy, especially the potential identification of a victim, thatinformation was not disclosed. Consequently, we endeavored to find a balance among thecomplex concerns of being completely transparent while also safeguarding alumni and othercommunity members who courageously came forward but who understandably wish to keeptheir identities private. Further, we took every reasonable step to avoid the possibility of makinginaccurate public accusations against faculty and staff.

Applying this approach, we are identifying five former faculty members as havingallegedly engaged in educator sexual misconduct, as described below. It is important to note thatJackson Lewis investigated allegations other than those outlined here, but those allegations didnot meet the factors stated above and so information about them is not being provided at thistime.

Indian Springs did not undertake its own investigation of these matters, instead relying onthe expertise of the professional and independent third-party investigators at Jackson Lewis, andthe legal counsel provided by McLane Middleton, and Boardman Carr. Each of the followinghas been reported to the appropriate legal authorities:

 The investigators found that credible evidence supports a conclusion that Leland “Lee” Watkins (faculty from 1958 to 1995, now deceased) engaged in educator sexual misconduct with multiple students. This abuse, including solicitation of sex, grooming of students, and sexual relationships with students, was reported to school officials in 2005 and was the subject of a previous investigation. In response to that investigation, Mr. Watkins, who had remained living on campus subsequent to his retirement, was permanently removed from campus.

 In response to a finding made by a previous investigatory report, John Lusco (faculty

from 1966 to 2013, now deceased) was terminated and permanently removed from campus in 2013. The previous investigatory report found credible a single episode of sexual propositioning. It was subsequently alleged that Mr. Lusco engaged in other educator sexual misconduct. Jackson Lewis did not find sufficient evidence that Mr. Lusco engaged in other educator sexual misconduct.  It was reported that Marvin Balch (faculty from 1976 to 2001, now deceased) inappropriately touched or groped students and that he engaged in other sexual misconduct with a student. Jackson Lewis found credible evidence to support these allegations, although they found no evidence that Indian Springs was aware of educator sexual misconduct when Mr. Balch was employed by the school. Mr. Balch left the school on long-term disability in 2001.

 Though a prior, limited investigation was not able to substantiate claims of misconduct, Jackson Lewis found credible support for a conclusion that a former faculty member sexually and emotionally abused students on several occasions during this faculty member’s time at Indian Springs. Jackson Lewis heard direct testimony from two witnesses about conduct that occurred several decades ago and the former faculty member has not been employed by the school since that time. Jackson Lewis attempted to contact this former faculty member at his last known address, but he did not respond to their queries. The former faculty member is prohibited from returning to campus.

 As a result of direct witness testimony, Jackson Lewis found credible support for a conclusion that a longstanding faculty member engaged in educator sexual misconduct with students while at Indian Springs. This former faculty member, who has not been employed by the school for a number of years, was accused by several former students of grooming, inappropriate texting and communications, solicitation of sex, and a sexual relationship. The investigators found no evidence that Indian Springs was aware of inappropriate behavior with students. Jackson Lewis also found that this faculty member violated appropriate boundaries, which would not be condoned today, though the behavior does not meet the definition of “educator sexual misconduct” outlined above. The former faculty member, through legal counsel, declined to be interviewed by Jackson Lewis. This person is prohibited from returning to Indian Springs.

Again, we deeply apologize to the members of the Indian Springs community who wereharmed by this misconduct, and we truly regret the pain that this misconduct has caused. Weknow that nothing can erase the actions of these former faculty members.

Policies and Procedures

The leadership of Indian Springs consistently strives to create and maintain a safeenvironment for all members of our community at all times. Throughout this investigative process,we ascertained best practices that could be implemented at Indian Springs to minimize thepossibility of future educator sexual misconduct. To that end, we continue to review and updateour policies and procedures, and we have taken the following steps on campus:

 This year, all faculty and staff members received mandatory training to help them recognize signs of educator sexual misconduct; such training will be required annually as part of the professional development program for all of our employees;  The school is educating students about sensitive topics in an age-appropriate manner so that they can become more comfortable speaking up with questions and concerns;  We have implemented an enhanced background and reference check for faculty, staff, and other adults living on campus;  We are implementing an anonymous reporting system that will permit all members of the community to register any concerns via an on-line platform;  We are working closely with the faculty and staff to ensure they understand and are up to date on mandatory reporting requirements; and  We are reviewing any awards or recognitions bestowed upon faculty or staff members who are found to have engaged in serious educator misconduct.

Our leadership is fully committed to following these practices and acting decisivelywhenever allegations of faculty or staff misconduct are brought to our attention. As we havedemonstrated, when credible allegations of serious educator misconduct are made involving afaculty or staff member, regardless of whether the misconduct is educator sexual misconduct orunprofessional conduct, that person is immediately removed from campus and not permitted toteach Indian Springs students. The allegations are then reported to the Alabama Department ofHuman Resources Office of Child Protective Services and/or local law enforcement, as required bylaw and our own policies and procedures. When such allegations are substantiated, the faculty orstaff member is terminated from Indian Springs and prohibited from returning to campus. This isthe process that we followed with respect to two faculty members who were terminated in recentyears.

Additionally, Indian Springs takes seriously its obligation to act on any information weacquire regarding educator sexual misconduct. With respect to former faculty and staff memberswho were the subject of substantiated reports of educator sexual misconduct, and who continue toteach or otherwise work with children, it is our practice to notify proactively, when we are aware,schools or other organizations where these individuals may be working.

Next Steps

The landscape of possible boundary violations and misconduct has become more complexover the years, and our understanding of the standard of care applicable to school policies andpractices intended to create a healthy campus climate has matured. The National Association ofIndependent Schools and The Association of Boarding Schools recently published a report(https://www.nais.org/articles/pages/independent-school-task-force-on-educator-sexual-misconduct-report-prevention-response/) on preventing and responding to educator sexualmisconduct that has helpful recommendations for schools, many of which have already been putinto practice. We are committed to staying informed about these evolving standards and actingaccordingly.

We reiterate our profound gratitude to all who reached out to us and participated in thisprocess. We understand that it took great courage to come forward, and we are mostappreciative of the survivors and witnesses who were willing to be interviewed by JacksonLewis. Once more, we extend our most heartfelt apologies to those former students and theirfamilies who have been affected by educator sexual misconduct during their time at our school.

As educators, we strive to prevent current or future students from experiencing the pain,suffering, or embarrassment that is perpetuated by reprehensible educator sexualmisconduct. This type of behavior has no place at Indian Springs, and we will not abide anyfaculty or staff member who fails to uphold our school’s values and mission to foster learning,creativity, integrity, moral courage, and active citizenship.

Please know that the Jackson Lewis investigators remain available if anyone is aware ofeducator sexual misconduct at Indian Springs, past or present. Please contact Martha Van Oot atMartha.VanOot@jacksonlewis.com, or Daniel Schwarzat Daniel.Schwarz@jacksonlewis.com. We will share any additional findings with you asappropriate.

If there are questions or concerns about this letter or the Jackson Lewis investigation,please feel free to reach out to Don North, our recently appointed Interim Head of School. Doncan be reached at don.north@indiansprings.org or 205.988.3350. He and the other senior leadersat Indian Springs stand ready to assist all members of our community.

Most importantly, we take very seriously our responsibility to ensure the health andsafety of our community. For more information about our commitment to student safety or toview prior communications on this subject to the Indian Springs community, please visit theHealth and Wellness section of our website. Indian Springs is committed to knowing itself andprotecting its students – past, present, and future. We expect to grow continually in ourunderstanding of what that means, and we are grateful to know you will continue to help us dothat. Together, we will continue to make Indian Springs a stronger and more open schoolcommunity, both now and in the future.

Thank you very much for your continued confidence and support of this great school andour leaders.